Heelbathdeniya Arachchilage Weeraratne vs Udawela Arachchilage Dingiri Mahaththaya – CA NO. 1109/2000-2013

The case between Heelbathdeniya Arachchilage Weeraratne, Heelbathdeniya Arachchilage Piyasena, and Udawela Arachchilage Dingiri Mahaththaya addressed the validity of a notice of appeal signed personally by an appellant when a registered attorney was on record with an unrevoked proxy, in the context of a partition action. It was held that a notice of appeal must be signed by the attorney on record if a valid proxy exists, reaffirming the principle that acts required by law to be performed by an attorney cannot be conducted personally when such proxy remains in force. Reliance was placed on the Civil Procedure Code and the precedents established in Fernando Vs Sybil Fernando, emphasizing that non-compliance with statutory requirements regarding the manner of signing a notice of appeal render